MATTER OF MEAD v. COLE


8 A.D.2d 904 (1959)

In the Matter of the Claim of Arthur A. Mead, Respondent, v. Glenn Cole, Appellant, and Flag Lines, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 9, 1959


Appellant claims that claimant was not an employee but was an independent contractor, or that claimant and appellant were engaged in a joint venture. Appellant was the owner of a highway tractor. The tractor had been used principally for hauling loaded trailers owned by Flag Lines, Inc. Pursuant to an oral agreement claimant began to operate the tractor, and was to receive 25% of the gross receipts. When claimant drove the tractor and hauled Flag Lines' trailers he would...

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